Christy Burton v. George Samaniego
Published: Jun. 13, 1998 | Result Date: Mar. 30, 1998 | Filing Date: Jan. 1, 1900 |Case number: SCV34630 Arbitration – $15,000
Arbitrator
Court
San Bernardino Superior
Attorneys
Claimant
Shawn Steel
(Shawn Steel Law Firm)
Respondent
Andrew C. Hubert
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Claimant
Diana J. Simon
(medical)
Respondent
Michael J. Singelyn
(medical)
Facts
On Jan. 24, 1996, plaintiff Christy Burton, a 43-year-old school teacher, was driving her vehicle westbound on Pennsylvania Avenue when defendant George Samaniego turned left into his driveway in front of plaintiff, causing the plaintiff to broadside the defendant. The plaintiff had a panic attack and had to be hospitalized for suicidal ideation, stress and depression. The plaintiffs, husband and wife, brought this action against the defendant based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $100,000 (policy limits). The defendant made an offer of $35,000.
Specials in Evidence
$19,207 $26,112
Damages
The plaintiff asked for an award of $187,819.45. The defendant asked arbitrator to award $15,000.
Injuries
Plaintiff suffered post-traumatic stress disorder after her prior accident and was undergoing treatment. She claimed this accident exacerbated her already fragile psychological and physical state from the first accident. She also claimed a shoulder torn rotator cuff, neck and back injuries.
Other Information
The award was rendered approximately one year and three months after the case was filed.
Length
five hours (Arbitration)
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